The Court quashed an FIR under Sections 498A, 406, and 34 IPC and proceedings pursuant thereto as the parties settled the matrimonial dispute. The respondent received full settlement for maintenance and divorce was granted by mutual consent.
FIR No.158/2010 under Sections 498A/406/34 IPC and proceedings pursuant thereto are quashed.
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versus
STATE GOVT. OF NCT DELHI & ANR ..... Respondents Represented by: Ms.Nandita Rao, ASC for the State with SI Manoj Kumar, PS Rajouri Garden Mr.Sahil Talwar, Advocate for R-2 with R-2 in person
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 11.12.2018
matter with the petitioners whereafter marriage between the petitioner No.1 and respondent No.2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the respondent No.2, the petitioner No.1 has to pay a sum of ₹80,000/- to respondent No.2 out of which she has already received a sum of ₹70,000/- and the balance amount of ₹10,000/- has been received by her today in Court vide Demand Draft No.033314 drawn on Andhra Bank. She further states that she has no claim whatsoever remaining against the petitioners. From the wedlock of petitioner No.1 and respondent No.2, a son namely Jasnam was born on 1st September, 2007 who will remain in the care and custody of respondent No.2 and the petitioners would neither have custody nor the visiting rights. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto and undertakes to abide by the terms of settlement.
W.P.(CRL) 1563/2018
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MUKTA GUPTA, J.
DECEMBER 11, 2018 mamta
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W.P.(CRL) 1563/2018
1 issue framed by the court
Whether the FIR under Sections 498A/406 IPC should be quashed as the matrimonial dispute has been settled by mutual consent and the parties have amicably resolved their differences.
Gurpreet Singh & Ors.
State Govt. of NCT Delhi & Anr.
Mukta Gupta
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
